First Judicial Circuit of Florida, Escambia, Okaloosa, Santa Rosa and Walton Counties Document Filing Requirements

CRITICAL

Applies to

Motion for zoom appearance

Must include

proposed order

A request to appear by Zoom must be made by motion and accompanied by submission of a proposed order.

Requirements: A request for Zoom Appearance MUST be made by the filing of a Motion and submission of a proposed Order.

WARNING

Applies to

Proposed order

Please follow this example: DONE AND ORDERED in Chambers at Pensacola, Escambia County, Florida.

Please follow this example: DONE AND ORDERED in Chambers at Pensacola, Escambia County, Florida.

WARNING

Applies to

Proposed order

The submission must indicate whether opposing counsel agreed to the proposed order.

Please also indicate whether opposing counsel has agreed to the proposed Order.

WARNING

Applies to

Hearing request

The requesting party should include the amount of time requested, whether the defendant is in custody or out of custody and any other parameters that should be considered.

The requesting party should include the amount of time requested, whether the defendant is in custody or out of custody and any other parameters that should be considered.

WARNING

Applies to

Status conference request

A status-conference request must state why the conference is necessary.

Any request for a status conference must articulate the reasons for the necessity of the conference.

WARNING

Applies to

Contact information update

Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever their registered electronic-service email changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

WARNING

Applies to

Notice of hearing

A Notice of Hearing should list each scheduled motion and its filing date, the hearing date and time with time zone, and the hearing length.

The Notice should include: (1) the title of each motion scheduled; (2) the date of filing for each motion scheduled; (3) the date and time of the hearing, along with reference to the time zone; (4) the length of the hearing.

WARNING

Applies to

Notice of hearing

A notice of hearing should identify the matters to be heard, hearing length and location, and whether the hearing is in person or by Zoom.

The notice should include all matters to be heard by the Court, the length of time for the hearing, the location of the hearing, and whether the hearing is in-person or Zoom.

WARNING

Applies to

Proposed order

An extension order may state the agreed number of days or leave that number blank for the judge to decide.

The parties may e-mail the Judge’s Assistant a stipulated order including the number of days agreed to or submit a proposed order with the number of days blank for Judge Oberliesen to decide.

WARNING

Applies to

Motion or letter

A defendant may request early termination of probation by motion or letter filed with the felony division Clerk, and the request should include the listed identifying, probation-officer, and supporting information.

Motions for Early Termination of Probation: Defendants may file Motions for Early Termination of Probation in motion or letter form. This should be filed with the Clerk of Court, felony division. The early termination request should include Defendant’s name, case number, Defendant’s address, Defendant's Probation Officer’s name, and the reason for the request for early termination and whether the Probation Officer agrees to the request.

WARNING

Applies to

Order

The parties may e-file a stipulated order stating the agreed number of days or submit a proposed order leaving the number of days blank for the judge to decide.

The parties may efile a stipulated order including the number of days agreed to or submit a proposed order with the number of days blank for Judge Duncan to decide.

WARNING

Applies to

Summary judgment opposition

Likewise, any filing in opposition to a motion for summary judgment should contain citations to all portions of the record which the non-moving party asserts support the existence of a genuine issue of material fact so as to preclude granting of the motion for summary judgment.

Likewise, any filing in opposition to a motion for summary judgment should contain citations to all portions of the record which the non-moving party asserts support the existence of a genuine issue of material fact so as to preclude granting of the motion for summary judgment.

WARNINGCivil cases

Applies to

Stipulation

If no further motions need to be heard before jury selection, counsel and unrepresented parties may file a stipulation certifying that no further hearings are needed and the parties are ready for jury selection.

If none of the parties has any further motion(s) to be heard before jury selection, counsel and any unrepresented party may file a stipulation CERTIFYING there are no further hearings required before jury selection and certifying the parties are ready for jury selection to begin.

WARNING

Remediation may be required if a case has been mediated more than one year prior to trial.

Remediation may be required if a case has been mediated more than one year prior to trial.

WARNING

Applies to

Discovery dispute motion

Must include

local rule certificate

The Court may deny a discovery-dispute motion on its own initiative if it lacks an appropriate and complete Certificate of Compliance.

As to discovery dispute motions in particular, the Court may sua sponte deny motions that fail to include an appropriate and complete Certificate of Compliance.

WARNING

Applies to

Summary judgment motion

Each motion should include a memorandum of law explaining the elements of the cause of action for which summary judgment is being sought along with a memo of law pertaining to the basis for the court granting the motion. At minimum, citations to controlling opinions supporting the motion should be included pending. This should be filed with the motion by the moving party.

Each motion should include a memorandum of law explaining the elements of the cause of action for which summary judgment is being sought along with a memo of law pertaining to the basis for the court granting the motion. At minimum, citations to controlling opinions supporting the motion should be included pending. This should be filed with the motion by the moving party.

WARNINGCivil cases

Applies to

Proposed order

Follow the provided “DONE AND ORDERED in Escambia County, Florida” wording for orders.

Please follow this example: DONE AND ORDERED in Escambia County, Florida.

WARNINGCivil cases

Applies to

Proposed order

Title proposed orders with the case name, case number, and title of the order.

Title proposed orders as follows: Case Name Case # Title of Order

WARNINGCivil cases

Applies to

Proposed order

Do not include a fill-in date line in the “Done and Ordered” line because orders are date stamped below the judge’s electronic signature.

All orders are now date stamped below the judge’s electronic signature, so a fill-in date line is no longer needed in the “Done and Ordered” line.

WARNING

Applies to

Order setting trial and pretrial conference

The judicial assistant will schedule a pretrial conference approximately one week before trial and include its date and time in the trial-setting order.

A pretrial conference will be scheduled by the judicial assistant approximately one week prior to any scheduled trial, with the date and time to be included on the Order Setting Trial and Pretrial Conference.

WARNING

Applies to

Discovery dispute motion

The Court may deny a discovery-dispute motion on its own if it lacks an appropriate and complete Certificate of Compliance.

As to discovery dispute motions in particular, the Court may sua sponte deny motions that fail to include an appropriate and complete Certificate of Compliance.

WARNING

Applies to

Proposed order

When applicable, accompany a proposed order or judgment with a cover letter certifying that all parties agree to its entry.

All proposed orders or judgments should be in Microsoft Word format and accompanied by a cover letter certifying that all parties agree to the entry of the proposed orders, if applicable.

WARNING

Applies to

Hearing request

A hearing request should state the time requested, the defendant’s custody status, and other relevant parameters.

The requesting party should include the amount of time requested, whether the defendant is in custody or out of custody and all other parameters that should be considered.

WARNING

Applies to

Proposed order

When using this procedure, indicate whether opposing counsel has agreed to the proposed order.

Please also indicate whether opposing counsel has agreed to the proposed order.

WARNING

Applies to

Early termination of probation request

Must include

case number

An early-termination request should identify the defendant, case number, address, probation officer, and reason for the request.

The early termination request should include defendant’s name, case number, defendant’s address, defendant's Probation Officer’s name and the reason for the request for early termination.

WARNING

Applies to

Proposed order

A proposed order on a contested motion should be submitted only if the Court directs its submission.

Other Procedures Relating to Submission of Orders and Judgments: Proposed orders on contested motions should only be submitted if directed to do so by the Court.

WARNING

Applies to

Proposed order

The proposed order should then be provided to the judge with a cover letter or email indicating whether or not opposing counsel has approved the form of the order. Opposing counsel must be copied on the cover letter or email.

The proposed order should then be provided to the judge with a cover letter or email indicating whether or not opposing counsel has approved the form of the order. Opposing counsel must be copied on the cover letter or email.

WARNING

Applies to

Motion

A stipulated or unopposed motion may be expedited if it states that the opposing party has no objection or the opposing party initials the proposed order to show approval.

These matters can be expedited if the moving party states within the motion itself that he/she has conferred with opposing counsel/party who has no objection, or if opposing counsel/party indicates his or her approval by initialing the proposed order.

WARNING

Applies to

Uncontested dissolution submission

Must include

proposed order

The Family Law Case Manager must prepare a proposed Final Judgment and a pertinent summary or listing of documents for submission to the assigned judge.

The Family Law Case Manager shall prepare a proposed Final Judgment of Dissolution of Marriage along with pertinent summary/listing of the documents to submit to the assigned Circuit Judge according to the Notice provision below.

WARNING

Use “Speedy Trial Demand” as the email subject line when sending the courtesy copy.

Please state “Speedy Trial Demand” in the subject line of the email.

WARNING

A pro se party may designate an email for service using the Clerk’s form or a signed, legible written filing stating the email address and designation.

A form that a pro se party may use to designate an email address is available from the Clerk of Court. No specific form is required, however, and a pro se party may file a written, signed document with the Clerk that clearly and legibly lists the party’s email address and states that the party wishes to designate the email address for service of court documents.

WARNING

Applies to

Proposed order

Give each proposed order a self-explanatory title; do not title it simply “Order.”

The title of all proposed orders must be self-explanatory (e.g., Order Granting Plaintiff’s Motion to Compel; Order Granting Plaintiff’s Motion for Leave to Amend).No proposed order should simply be titled “Order.”

WARNING

Applies to

Proposed order

In the event there is a disagreement as to the form or content of a proposed order, unless directed otherwise by the judge, no later than 5 days after the proposed order is submitted to the judge, the objecting attorney or pro se litigant should submit a redline version of the proposed order or otherwise clearly identify the objection(s) and proposed change(s) to the proposed order, rather than a completing proposed order.

In the event there is a disagreement as to the form or content of a proposed order, unless directed otherwise by the judge, no later than 5 days after the proposed order is submitted to the judge, the objecting attorney or pro se litigant should submit a redline version of the proposed order or otherwise clearly identify the objection(s) and proposed change(s) to the proposed order, rather than a completing proposed order.

WARNING

The email accompanying a last-minute courtesy copy must state the hearing date and time.

Please email a courtesy copy of any documents filed less than two (2) business days prior to the hearing to the Judicial Assistant and state the hearing date and time in the email.

WARNING

Applies to

Order

A proposed order disposing of a matter that reopened an action may be rejected if it lacks language closing the action.

The Court may reject proposed orders disposing of matters that re-opened an action when the proposed order does not contain language closing the action.

WARNING

Attorneys and self-represented litigants must update contact information using Form 2.603 whenever their registered service email changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

WARNING

Applies to

Motion

The Motion should also include opposing party’s position or lack of response to your request for their position.

The Motion should also include opposing party’s position or lack of response to your request for their position.

WARNING

Applies to

Hearing request

The requesting party should include the amount of time requested, whether the defendant is in custody or out of custody and any other parameters that should be considered.

The requesting party should include the amount of time requested, whether the defendant is in custody or out of custody and any other parameters that should be considered.

WARNING

Applies to

Form 2.603

Attorneys and self-represented litigants must update their contact information on Form 2.603 whenever their registered electronic-service email account changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

WARNING

Applies to

Exhibits

Present exhibits for criminal evidentiary proceedings at the hearing unless both parties stipulate to advance court consideration, in which case the physical exhibit may be sent to the judicial assistant for in-chambers review.

Exhibits for criminal evidentiary proceedings must be presented during the hearing. However, if both the State and Defense stipulate to the Court considering certain evidence prior to the hearing (such as a forensic interview for a Child Hearsay hearing), the physical exhibit may be sent to the judicial assistant for the judge to review in chambers, prior to the hearing.

WARNING

Applies to

Hearing request email

A hearing-scheduling email should identify when the hearing is time sensitive because of an upcoming trial date.

Please notate in your email if this hearing is time sensitive due to an upcoming trial date.

WARNING

Applies to

Notice of hearing

Hearing notices must include the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Hearing notices must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

WARNING

Applies to

Hearing cancellation email

The cancellation email must attach a Notice of Cancellation and, when the hearing is cancelled because the pending matter was resolved, a proposed order.

You must cancel hearings by notifying the judicial assistant immediately via email with a courtesy copy of the Notice of Cancellation attached and a proposed order, if the hearing is cancelled due to a resolution of the pending matter.

WARNING

Applies to

Proposed order

Other proposed orders must be accompanied by a separate cover letter advising that all parties agree to their contents and language.

All other proposed orders should be e-filed through the proposed order portion of the Florida Courts E-Filing Portal with a cover letter under separate cover advising that all parties agree to the contents/language of the proposed order.

WARNING

Applies to

Trial setting request

A party must file either a Notice for Trial or a Motion for Case Management Conference to initiate the case-setting procedure.

A party will file a Notice for Trial or Motion for Case Management Conference.

WARNING

Applies to

Proposed order

Proposed orders must list the names and email addresses of all parties who need to receive electronic service of the order.

The proposed orders must include the names and email addresses of all parties who will need to receive e-service of same.

WARNING

Applies to

Contact information update

Attorneys and self-represented litigants must update their contact information on Form 2.603 whenever their registered electronic-service email changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the email account registered for electronic service.

WARNING

Applies to

Notice of hearing

A notice of hearing must state the hearing’s date, time, type, and location, including whether it is in person or by Zoom.

Notice of Hearings must include the date, time, type of hearing, and location (in-person at the courthouse or Zoom teleconference).

WARNING

Applies to

Hearing request email

A hearing-scheduling email must identify the case number, party names, hearing type, and requested hearing length sufficient for both sides.

Your email must include the following: Case Number Party Names Type of Hearing (Motion(s) to be set) Length requested for hearing (make certain you request enough time for both sides to be heard)

WARNING

Applies to

Email to judicial office

Emails to the judicial office must identify the case number and case name in the subject line.

The subject line of any email must contain the case number and case name (e.g., 2024 CA 001234 – Doe v. Doe).